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They got Al Capone for tax evasion — only tax evasion. It wasn’t very satisfying for his prosecutors. But they couldn’t prove murder or racketeering. So they got him where they wanted him: behind bars. It wasn’t elegant. But they got the job done.

Congressional Democrats need some of that prohibition-era pragmatism. They want Donald Trump impeached. But unlike Capone’s tormentors, Dems are largely ignoring Trumpy crimes they can prove in favor of those they can’t — Russian “election hacking” that may not have happened at all.

Democrats seem determined to maintain their status as a political version of the gang that couldn’t shoot straight.
Day after day, Democratic leaders and their allies in corporate media have been going on and on about how “Russia hacked the election.” Exactly what they mean by “hacking” has been so frustratingly vague, and solid evidence so consistently absent, that it’s hard to avoid the conclusion that they’re making it all up or, à la Bush and the WMDs in Iraq, conflating what they suspect with what they know.

This throw-hacking-allegations-at-the-wall-and-hope-they-stick approach has fed a dark alt-right media narrative about an attempted “deep state” coup against a democratically-elected president who won despite the virtually universal contempt of the gatekeeper class.

As the Dems derp around deep in the weeds of their confused and confusing Russia hacking narrative, they’re neglecting the much tastier, low-hanging impeachment fruit they could easily use to hasten the day when D.C. Metro cops frogmarch The Donald out of 1600 Pennsylvania Avenue: straightforward corruption.

Russian hackers may have accessed a U.S. voting machine company. But even the spooks who accuse Russia of “meddling” — whatever that means, no one seems able to articulate — say they didn’t affect the election results. Hillary would have lost anyway. So why is this even a thing? Anyway, there’s almost certainly no tie there to Team Trump. Perhaps not a nothingburger, but useless to Democrats hell-bent on impeachment.

Then there’s the DNC emails posted by WikiLeaks. As I’ve noted before, WikiLeaks leader Julian Assange said he didn’t get them from Russia. Also at WikiLeaks, Craig Murray says they were handed to him by a pro-Bernie DNC staffer. So it was a leak, not a hack. Anyway, even if Russia gave them to WikiLeaks — which looks doubtful — we should thank Team Putin for revealing just how venal and corrupt the DNC was when they decided to cheat Bernie Sanders out of the nomination.

Telling the truth about lying DNC scoundrels who belong in prison is “meddling”?

If so, I’ll take more meddling, please.

The Democrats are right about one thing: there’s lots of smoke. They’re wrong about the type of fire.

The real Trump-Russia connection to look into is about a corrupt quid pro quo. It goes something like this: Trump aides tell their Russian contacts in 2016: if our guy wins the election, we’ll drop U.S.-led economic sanctions against Russia over the annexation of Crimea. In return, you let our guy build as many ugly hotels in Russia as he wants. They might also forgive millions of dollars his businesses owe to Russian banks and oligarchs.

By declaring Trump’s election a constitutional crisis from day one, Democrats have been overreaching. Pushing the “Russia hacked the election” narrative — when there’s still no public evidence it happened at all, much less that Trump had anything to do with it if it did — is getting way ahead of the story.

If Democrats were smart, they’d focus on the corruption angle.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Most of the news media is at war with Donald Trump, and rightly so. First, journalists should always be at war with the governments they cover. Nonadversarial journalism isn’t journalism — it’s stenography. Second, Trump Administration officials’ refusal to even pretend to be interested in the truth, immortalized by Kellyanne Conway’s notorious praise of “alternative facts,” demands highly caffeinated contempt.

But let’s not forget an inconvenient truth. Pre-Trump, the watchdogs of democracy were mostly lapdogs, gently licking the blood-soaked hands of those who fed them: America’s political and corporate elites.

Editors and producers are guilty of many sins. For my money, however, the biggest and lying-est are the big lies of omission that leave important facts unknown to the public for years and even decades, result in many deaths, and let the perpetrators off the hook both legally and historically.

August publications like The New York Times have finally begun reporting that the president lied when he, you know, lied ­— as opposed to some weasel word like “misspoke” or counterquoting from an opposing politician. They’re even using “torture” to describe torture (instead of “enhanced interrogation techniques”). But that’s new, and it’s only because they’re corporate liberal and Trump is blogosphere crazy right-wing. Give them another Obama and it’ll be back to giving the people the business as usual.

The high body counts of war spotlight the staggering moral failures of a press that, day after day, fail to remind readers of fundamental truths that usually get suppressed from the outset.

For the better part of a decade, American citizens paid good money for newspapers that purported to bring them the news from Vietnam. What those papers never told them was that the reason LBJ gave for entering the war, a 1964 attack on American ships in the Gulf of Tonkin, never happened. This isn’t controversial; liberal and conservative historians alike agree the war was sold on fake news.

Imagine if the media had begun every story about Vietnam with a Trump-era-ish reference to Johnson’s big lie? “Continuing Unprovoked Attack on North Vietnam, U.S. B-52s Rain Death on Hanoi Without Reason.” Significantly less than 58,000 Americans and 2 million Vietnamese might have died.

After the U.S. lost — which they reported as a withdrawal rather than what really happened — lazy and easily cowed journalists and editors let stand the canard that returning Vietnam War vets were spat upon, insulted as “baby killers” and generally mistreated by dirty leftie hippies waiting for them at the airport. It never happened. To the contrary, the antiwar movement was supportive of vets, running clinics and other facilities to help them out. The myth of the spat-upon hippie, it turns out, began with the 1982 movie “Rambo,” when Sylvester Stallone’s character says it — probably as a metaphor.

Afghanistan’s Taliban government had nothing to do with 9/11, but few Americans know that. Even the soldiers sent to fight, kill and die there thought they were avenging the attack on the World Trade Center — and why not? Thanks to the Bush-era fake news purveyors, few of even the best read and most informed Americans know that Osama bin Laden was already in Pakistan on 9/11, that the Taliban offered to arrest him and turn him over if the U.S. showed some evidence of his guilt, that Al Qaeda had fewer than 100 members in Afghanistan (the vast majority were in Pakistan, as were the infamous training camps), and that there wasn’t a single Afghan among the 19 hijackers.

Would Afghanistan have become America’s longest war if news headlines had read something like “Bush Promises To Hunt Down Bin Laden and Al Qaeda in Country Where They Aren’t, Sends Weapons and Cash to Country Where They Are”? Doubtful.

That the media fell down on the job during the build-up to the Iraq War is well-documented. Yet, even after the WMDs failed to turn up in that country after we destroyed it, the media never applied the standard they now stick on Trump, e.g. “Continuing Unjustified Assault on Innocent Iraq, Marines Prepare For Battle in Fallujah.” Talk about fake news — even if Saddam Hussein had had WMDs, Iraq’s lack of long-range ballistic missiles meant it never could have posed a threat to the United States.

Alternative facts abounded under Obama.

Obama launched hundreds of drone attacks against Pakistan, Afghanistan, Somalia, Yemen and elsewhere that killed thousands of people. Studies showed that 49 out of 50 people killed were innocent bystanders, and that the other 1 were local guerilla fighters who hated their own local governments, not anti-American jihadis coming to kill us here. Yet story after story about drone assassinations referred to victims as “militants” or even “terrorists,” without a shred of evidence. If you’re going to let your president kill people just for fun, the least the media as a watchdog could do is call it what it is: “President Murders 14 More Muslims Cuz Fun.” Did you know the military calls them “squirters” — because their heads, you know…?

The president called out as a liar? Better 240 years late than never.

(Ted Rall is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Though it might not always seem like it, the news media is composed of human beings. Humans aren’t, can’t be, and possibly shouldn’t be, objective. Still, there’s a reasonable expectation among consumers of political news that journalists of all political stripes strive to be as objective as possible.

At their minimum, media outlets ought to be straightforward about their biases.

They certainly shouldn’t have, or appear to have, their thumbs on the scales.

Unfortunately, all too often, it appears that the political system is rigged – and that the major media companies play an important role in gaming the system. That’s what has happened throughout this year’s Democratic primaries, in which the vast majority of corporate media outlets appear to have been in the bag for Hillary Clinton, the establishment candidate, against self-described “democratic socialist” insurgent Bernie Sanders.

Examinations of coverage have confirmed the impressions of cable news junkies that Sanders has been the victim of a blackout, thus depriving him of a chance to make his case to voters. When the chairwoman of the Democratic Party, Debbie Wasserman Schultz, scheduled the first round of Democratic debates at times the party hoped nobody would be watching – again, a seemingly obvious ploy to deprive Sanders of exposure – corporate media outlets had little to say about it.

Then there has been the media’s complicity in spreading Clinton campaign talking points that bore little relation to the truth.

MSNBC and other DNC-aligned media outlets kept pointing out that Clinton won 3 million more votes than Sanders. True, technically. But that’s pretending that caucus states didn’t exist. Sanders did better than Clinton in caucuses.

Most recently, they conflated pledged delegates – those won by a candidate based on votes cast – with superdelegates, the Democratic politicians and party officials who will be able to vote however they want at the convention this coming July. Back in November, an Associated Press survey found that Hillary Clinton – unsurprisingly – enjoyed the support of the vast majority of the superdelegates. Assuming that the superdelegates will not change their minds, the AP called the Democratic race for Hillary Clinton on Monday, the night before a set of important primaries, including California. Does anyone doubt that calling a race over as the effect of depressing voter turnout?

It’s impossible to quantify that effect, to know how many people didn’t bother to show up at the polls because they were told it was all over. In California, however, Hillary Clinton won 56% of the vote in a state where polls showed the two candidates neck and neck. (California’s state election officials also did their best to keep voters away from the polls.)

As a journalist, I’m reluctant to categorically argue that the AP ought to have held its statistical analysis of the race until after Tuesday’s vote. News ought not to be suppressed. When you have it, you ought to report it. Similarly, I’m not sure that the New York Times was wrong to report the AP story. However, I do question the editorial wisdom of running it as a banner headline. The United States is a democracy. We elect our leaders based on votes actually cast by real people, not polls. Even after Tuesday’s vote, Hillary Clinton still didn’t have enough pledged delegates to claim the Democratic nomination. Since those superdelegates aren’t going to vote until July, she won’t be able to really claim the nomination until then.

Agreed, it’s a silly system. But it’s the system the Democrats have. They – and the media – ought to abide by it. Besides which, think how embarrassing it will be if the Justice Department indicts Hillary between now and July. There’s a lot to be said for leaving things hanging.

The thing that disgusts me most about this system – besides the perpetual state of war, the manufacturing of mass poverty, the prison industrial complex, the miserable state of the justice system, the fact that it’s impossible to make a decent living working 40 hours a week – is that it doesn’t even pretend to follow its own rules in a consistent way. Consider, for example, how the New York Times couldn’t wait to report its “Hillary Clinton becomes first woman nominee from a major political party” story until after the primaries in California et al. Would one or two days have made a big difference? (Well, yes. Sanders might have won California.) If the idea is to get the story out first, no matter what, even if it suppresses the vote, I can respect that. But then they ought to be consistent.

It was a very different story back in 2004. A few weeks before the general election in November, the New York Times researched and came to the conclusion that George W. Bush, the incumbent, may have cheated in at least one of the presidential debates against Sen. John Kerry. Photographs of the debate clearly showed a suspicious bulge in Bush’s shoulder; the Times did report the story as a light he-says-she-says piece. But then experts concluded that the tongue twisted former governor of Texas had been using a receiver paired with an earphone in order to get advice and retorts to carry from an unknown co-conspirator.

Editors at the paper decided to hold a serious exposé until after the election so that its coverage would not affect the results. Then they killed it. Four more years of Bush followed.

Actually, the corporate media’s policy is brutally consistent. If holding a story benefits the forces of reactionary conservatism, it gets held. If releasing it does so, it gets released. Time after time, the system exposes itself for what it is.

(Ted Rall is the author of “Bernie,” a biography written with the cooperation of Democratic presidential candidate Bernie Sanders. His next book, the graphic biography “Trump,” comes out July 19th and is now available for pre-order.)

In an aggressive move that recalled the Bush campaign in its Florida 2000 judicial coup d’etat, Hillary Clinton declared victory in the incredibly tight Iowa Caucus a full day before the state officially announced the results and before any TV network issued a projection.

Hillary Clinton’s political setbacks and scandals come in all shapes and sizes, but they all have one thing in common: they highlight a personality with questionable judgment.

The question before the media, and American voters, is whether a person with such bad judgment should be trusted with nuclear launch codes at 3 AM.

The former Secretary of State during Obama’s first term acquitted herself fairly well during yesterday’s news conference (though I wonder why none of her advisers told her to lose that pinched I-can’t-believe-I-have-to-put-up-with-this-crap look on her face), though she did commit two rookie errors (I’ll get to those below).

To Hillary’s credit, she admitted she made a bad call in 2009, when she decided to exclusively use a private email account – whose server is kept at her private home in Chappaqua, New York – rather than an official .gov one issued by the State Department. “Looking back, it would have been better for me to use two separate phones and two e-mail accounts,” she conceded. “I thought using one device would be simpler, and obviously, it hasn’t worked out that way.”

Yes, it would have been, and no, it hasn’t.

The thing is: Hillary had all the information she needed to make the right decision back in 2009.

Again to her credit, she belatedly admitted that she shouldn’t have voted for Bush’s Iraq War. Her sort-of-apology was buried in her 2014 memoir: “I thought I had acted in good faith and made the best decision I could with the information I had…And I wasn’t alone in getting it wrong. But I still got it wrong.”

As with Emailgate, however, then-Senator Clinton had exactly what she needed to make the right decision – but then chose not to do so. As The Atlantic reported last year, she was one of six senators who read a secret 96-page National Intelligence Estimate on Saddam Hussein’s WMD programs. Because the classified document made clear that the case for war was based solely on conjecture and speculation, at least two of the other five senators who saw it decided to vote against the invasion. (Unfortunately, neither of them is running for president.)

Most pundits, me included, assumed that Clinton’s 2002 vote was motivated by rank cynicism – Bush, militarism, war were running high in the polls in the year after 9/11. Now she says that’s not true. Either way, it was a stupid decision.

At the time, her vote for war was also politically idiotic. Hillary represented New York, a solidly Democratic state where opposition to invading Iraq would have been rewarded at reelection time, not punished. Also, many people who didn’t even have access to classified intelligence could tell that the United States was likely to lose the war. If she were smart, she would have seen that too. You don’t vote on wars that are likely to become unpopular by the time you’re running for election or reelection.

That’s why I voted against her in the 2008 Democratic primary. I might be able to vote for a cynical bastard.

But not a fool.

Unfortunately for Hillary, the Democratic Party, and – if she wins – the American people, she repeatedly makes the wrong call when it really matters. It was the same during the 1990s Whitewater controversy that embroiled her husband.

In an open letter to Clinton, Paul Waldman of the liberal American Prospectreminds us: “On Whitewater, where yours was the strongest voice urging your husband to fight the release of information. We all saw what happened: A story about a failed investment turned into the subject of an independent counsel investigation, which ultimately led to impeachment. All the inquiries eventually concluded that you did nothing wrong in the Whitewater investment.”

What could be stupider than masterminding a cover-up when you have nothing to hide?

Hillary messes up little decisions too.

Yesterday’s press conference featured two boners you wouldn’t expect out of a freshman state representative:

First she rather hilariously set herself up for accusations of hypocrisy. “No one wants their personal emails made public, and I think most people understand that and respect that privacy,” she said. Perfectly reasonable coming from you and me, but not from a senator who voted for the USA Patriot Act, which authorized the NSA to intercept everyone’s phone calls, emails and everything else. (Talk about lousy judgment.) Or from someone who called Edward Snowden a traitor. (A year later, she’s walking that one back too.)

Second, the multi-multi-multi-millionaire crankily channeled Tricky Dicky with a cheesy attempt to distract from the email controversy with some ridiculous I’m-a-real-person-too pleas for sympathy: “At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.”

(For the under-90 set, here’s Nixon’s “Checkers” speech: “It was a little cocker spaniel dog, in a crate that he had sent all the way from Texas, black and white, spotted, and our little girl Tricia, the six year old, named it Checkers. And you know, the kids, like all kids, loved the dog, and I just want to say this, right now, that regardless of what they say about it, we are going to keep it.”)

This woman. Wants to be. President.

“It all seems so preventable, so easily avoided,” marveledNewsweek about Emailgate and Hillary’s other screw-ups.

Over the last year the United States has intercepted and arrested at least 15 young Muslims for wanting to join ISIS.

If I went to Syria to join ISIS, I could be arrested and charged with felonies that carry long prison sentences.

Why?

As citizens of a supposedly free country, Americans ought to be able to travel anywhere on the planet, and fight for any army we please, as long as that force is not at war against the United States. This, by the way, has been American law for the last 120 years.

The Center for Constitutional Rights complains that the “material support” statute governing these prosecutions is overly broad because along with the USA Patriot Act it criminalizes “almost any kind of support for blacklisted groups, including humanitarian aid, training, expert advice, ‘services’ in almost any form, and political advocacy.” It’s downright absurd when the blacklisted “terrorist group” in question was a U.S. ally until last summer.

It ought to go without saying that I have no sympathy for ISIS. Their ideology is idiotic, medieval and repugnant. Among numerous other atrocities, they kidnap, torture and execute war correspondents — my colleagues. Last week’s video of ISIS fighters destroying archeological treasures at the museum in Mosul, Iraq had me shouting “barbarians!” at my screen. They’re disgusting.

But I am also disgusted by the U.S. government’s imperialistic campaign to trample the sovereignty of other nations in their attempt to dominate the entire world. Not only does the U.S. invade other nations without just cause, it routinely violates countries’ airspace with drones, airstrikes and assassination raids. The U.S. arrests non-U.S. persons for acts committed outside the U.S., kidnaps them, prosecutes and jails them in the U.S.

If you want to join the French Foreign Legion or the Australian Coast Guard or the Taliban or ISIS, it’s your stupid business — unless, as I said above, a formal state of war exists between them and the United States (which would be treason, punishable by death).

As with so many other basic legal precepts, your right to serve in a foreign army has been eroded since 9/11, marked by the prosecution imprisonment of “American Taliban” John Walker Lindh. Lindh joined the Taliban in 2000 and was captured by U.S. forces during the fall 2001 invasion of Afghanistan. He received a whopping 20 years in federal prison for “providing services” to the Taliban and “carrying an explosive” (which, as a soldier in a war zone, is hardly unusual).

At the time I was one of the few pubic figures — perhaps the only one — who criticized the Bush Administration’s treatment of Lindh, who was brutally tortured by American troops. Lindh, I pointed out, joined the Taliban before 9/11. Even after 9/11, the U.S. never declared war against Afghanistan — so he should have been repatriated without punishment.

Prosecutions under the “material support” statute escalated following the media’s passive acceptance of the lengthy prison sentence for Lindh.

Locking people in prison for the crime of youthful idealism/naiveté is a perversion of law and morality. They are not a threat to the U.S.

Young men and women who successfully make it into Syria and join ISIS shoot at Syrians and Iraqis. The only Americans they might endanger are U.S. occupation troops assisting collaborationist Iraqis — who are there illegally, in an undeclared war. What we think of ISIS is irrelevant; many countries are ruled by vile despots.

From a practical standpoint in this war for hearts and minds, throwing kids who have never fired a shot into federal penitentiaries for ridiculously long prison terms confirms the narrative that the West is at war not with Islamic extremism, but with Islam itself.

Hillary Clinton has everything she needs to run for president: money, name recognition, staff, organization. Everything except ideas.

The 2016 presidential campaign will begin in earnest in late summer. This hasn’t snuck up on her; she has known this was coming since at least 2008. Yet here she is, six months before the unofficial start of her run, starting to figure out what she’ll do if she wins.

“People close to Mrs. Clinton say she has not yet settled on a specific platform” on the economy, the New York Times notes in a report about a recent series of meetings she held with 200 economists in order to collect their assessments of the economy.

There’s nothing wrong with asking experts for suggestions about how to fix the problems you want to solve. But you should already have a vision for what America and its economy ought to look like. You should be born with your platform – and, if you decide to run, collect advice from your brain trust on a granular level, concerning how to realize your goals.

If you haven’t always known what you would do if you woke up tomorrow morning as president, and whom you would appoint to help you govern, you have no business running.

Unfortunately, the former senator’s lack of ideas isn’t unique. She reflects a disturbing shift in American politics that most people haven’t noticed because it snuck up on us over time: in the past, politicians ran on a slate of ideas. Now they campaign as personalities.

Look at political buttons from a century ago. FDR ran on “prosperity” and “jobs.” They’re vague — but they’re ideas. And when he won, FDR demanded that his ideas become laws within his first 100 days. Reagan declared that it was “morning in America.” What does that mean? It’s been 35 years, he served two terms, I still don’t know. “Yes we can,” Obama promised in 2008. Can what? It worked because your mind fills in the rest, but it says nothing. “Hope.” “Change.” For/to what?

Reading the diaries of Chief of Staff HR Haldeman, I was surprised to learn that the newly-elected Nixon administration – led by this reputedly hardheaded ideological warrior – spent much of its first year, 1969, recuperating from the campaign it had just won, learning how to use the White House phone system and how to liaise with Capitol Hill before finally sitting down to determine what it actually wanted to do domestically and vis-à-vis foreign policy. I realized that, at least dating back to the 1960 race between Nixon and JFK, presidential candidates haven’t gone into it with much of a vision of how they want to change America. Their primary goal is to get the job, to add the gig to their resume, satisfied that their face may someday end up on a stamp or maybe a coin, and that schoolchildren will forever have to memorize their names.

2016 is once again shaping up as a clash of personalities over ideas, a high school student council-style personal popularity contest – “who would you most rather have a beer with?” (or, in Clinton’s case, are you “likeable enough“?) – as opposed to a debate over the direction of the country. Writing in the Washington Examiner, Michael Barron asks: “Can Jeb Bush — or anyone — come up with a platform for primaries, general, and presidency?”

Implicit in this question is the curious fact that none of the likely contenders for the Republican presidential nomination have yet articulated a platform. Even the most ideologically grounded GOP candidate, Rand Paul, finds himself showcased in a New York Times profile as drifting to the so-called “center” of his party – i.e., away from libertarianism. Isn’t it a little late in the game to be drifting?

Instead of dealing with ideas Paul, who made headlines for filibustering against Obama’s drone strikes and aggressively criticizing NSA spying, is said to be facing “questions about his style and temperament.” Never mind what he wants to do. This is about style: “Does someone who can be so impetuous and unapologetic have the finesse and discipline to win over people who are more naturally inclined to vote for someone else?” asks the Times.

They say we get the candidates and the presidents we deserve, but that’s not true. The system is broken, and has been for a long time. What else can you say about politics that isn’t about politics, but primarily if not exclusively about personality?

Republicans spent the weekend in a full-court press defending CIA torturers and the Bush administration that authorized them.

Many of the arguments fell apart upon little reflection.

Former VP Dick Cheney, the architect of post-9/11 torture policy for the White House who personally signed off on individual “enhanced interrogation techniques” used on Muslim prisoners kidnapped and held at Guantánamo and other concentration camps, spat:

“Torture is what the Al Qaeda terrorists did to 3,000 Americans on 9/11,” Mr. Cheney said in his latest interview defending the C.I.A. program. “There is no comparison between that and what we did with respect to enhanced interrogation.”

On that second point, he is right. Murder is what the terrorists did on 9/11. On the first, no: it was definitely torture.

Another nonstarter talking point for the far far right – how else to describe people who support torture, which was abolished by most Western nations by the late 1700s? – was the complaint that the Senate intelligence committee’s report on torture imperils America’s relationship with other nations.

“We do a lot of things with friends,” said former CIA chief Michael Hayden.

He wasn’t talking about fantasy football. He continued:

“A lot of these things are edgy, not illegal, but they have a pretty high political risk quotient attached. When you get into a relationship with a partner and you ask them to do something on your behalf or to cooperate with you, you’re giving them a really powerful commitment of your discretion. Now, this report is going to come out and although it is not going to name the countries that were involved with us in this program, there are those people who think they know what countries were involved that will then use the data in this report you and I have already discussed is not accurate, but they will treat it as accurate, treat it as the historical record and cause great problems for countries who are friends of the U.S.”

I love this argument.

Hayden is literally saying that a future CIA or NSA or NKVD or whatever might want to convince some future counterpart intelligence agency in a foreign country to break the law – do something “edgy” – and that in order to preserve that possible future cooperation in lawbreaking, neither the US government nor the CIA itself should ever second-guess itself, much less prosecute wrongdoers. At the risk of violating Godwin’s law, this is kind of like Germany refusing to apologize for the Holocaust because what if they wanted to do something like that again in the future, perhaps with the help of Japan and Italy?

America is done. Certainly America as a nation of laws is done. But not Michael Hayden. He’s anything but done:

Hayden muses: “What CIA officer in the future, after this and after having been indicted and convicted in absentia, is going to raise his hand in the future and say, ‘This is an odd idea, might be a little edgy, but I’ve been thinking…?’”

Oddly, Hayden seems to believe that this is a bad thing. “The final outcome of this report is going to be an American espionage service that is timid and friendless and that really is a danger to the U.S.”

Given the dismal history of the CIA, from its role in overthrowing the democratically elected governments of Iran and countless Latin American countries, to arming and supporting regimes that torture and murder political dissidents, to spying on opponents of the White House here in the United States, to – most recently – kidnap, torture and murder of innocent people – turning the CIA into a “timid” outfit doesn’t seem so terrible.

But let’s get back to that edgy, leaning-in, go-getter Jack Bauer CIA agent.

Whatever happened to personal responsibility?

The Republican Party, after all, is the party of conservatism. Conservatives say that it’s every man for himself, that we’re all responsible for our own actions, and that if we make a mistake we have to be willing to pay the price for it.

That goes double for the man’s men who work on the dark side in covert ops. In the intelligence community, at least as we see it represented on TV and in the movies, torture is the tool of the rogue CIA agent willing to take the risk of breaking the rules. What are the Geneva Conventions compared to the lives of millions of Americans? There are covert operations the US government stands behind and then there are many others that, if they go bad, leave the agent dead or otherwise twisting in the wind, perhaps locked away in some foreign prison.

Those are some cold egg noodles, but for the patriots who keep us safe, it’s a bargain they’re willing to accept.

But not anymore. Just like the banks that are too big to fail, so-called conservatives are upping the moral hazard ante by declaring CIA operatives to patriotic to be prosecuted.

“They were successful. That’s historical fact,” Hayden says, counterfactually. “Do I support them? With regard to waterboarding, I’ve made it very clear that I thank God I didn’t have to make that decision. I had easier circumstances when I was director [from 2006 to 2009].”

Cheney says John Yoo’s “torture memos” — legal opinions issued by the White House Office of Legal Counsel under Bush – inoculate CIA agents who committed torture from legal repercussions. “All of the techniques that were authorized by the president were in effect blessed by the Justice Department opinion that we could go forward with those [EITs] without in fact committing torture,” Cheney claims.

But legal memos, no matter how well argued, are simply the opinion of a random lawyer. They don’t carry the force of law, even when they’re issued by a lawyer who works for the White House. What they attempt to do is to reassure the lawyer’s client that their actions are probably in compliance with the law and, in this case, international treaty obligations such as the Convention Against Torture. Lawyers can be and often are wrong. The only way to settle disputes over what is legal and what is the legal is to bring the case before a court of law.

The torture memos, however, were leaked early during the so-called global war on terror. Reaction from the mainstream legal establishment was swift and severe: they were crap. “They not only took extreme positions; they were legally incompetent, failing to consider many of the most obvious counterarguments,” Bruce Ackerman wrote.

In other words, any CIA operative wondering whether he enjoyed legal cover for torture, had only to open a newspaper or conduct a cursory Google search to learn that the answer was no. The law had not changed. As far as the American judiciary was concerned, interpretation of the law hadn’t changed either.

Every CIA torturer knew that he was breaking the law.

So here you have it: a collision between conservative politics and reality. Officially, conservatives hold people responsible for their actions, especially when they break the law. But when those people are goons beating and killing those they deem to be enemies of the state, they deserve the utmost leniency.

When racists speak in my presence, I don’t smash them in the jaw. I try to change their minds.

Many of my close friends and relatives believe in God, which is wrong and therefore stupid, yet I don’t consider them stupid — just mistaken. America, I believe, must create and maintain the space where a multitude of points of view can thrive.

But there are limits. Not every opinion should be tolerated.

If you think torture is OK — under any circumstance, for any reason — you are dangerous.

Pro-torture? You should not be tolerated.

If you believe that “they” had torture coming because “they” attacked “us” on 9/11, or because “they” chop off “our” heads, you are psychotic and sociopathic and should not be free to walk the streets, much less sit on juries or vote or drive a car or hold a job that a perfectly sane unemployed person needs.

If you diminish the exquisite horror of torture — if you think sleep deprivation and blasting loud music into victims’ ears and solitary confinement and stress positions and mock executions and beatings are not “really” torture — I want you locked up, the key thrown away, never to be heard from again. You are not fit to be near children or animals.

If you saw the Abu Ghraib torture photos and then voted for George W. Bush in 2004 anyway, you are Charles Manson crazy and there is no place in society, in America, on this planet, where you ought to be allowed.

If you’re a politician, a reporter or a pundit, and you’ve ever said anything in favor of torture, you should be fired and never heard from in public again.

I did not feel this way before the Senate Intelligence Committee released its report on torture under the Bush Administration.

Anti-torture Americans ­— which is to say, sane, normal people — have been wayyyyyyy too polite over the past 12 years. We ought to have been rude. We should have shouted down the torturers and their supporters and apologists, ridiculed them, locked them away, fired them from their jobs, taken away their kids.

We debated torture; we didn’t reject it. Now torture is normalized — and so is the stupid meanness that goes with it.

In the mainstream media, the debate is not over whether torture is immoral or illegal, but whether it is effective.

We tolerate scum like ex-CIA director Michael Hayden, who justifies so-called “rectal feeding” — grinding a prisoner’s food into mush and shoving it up his ass — with rhetoric that is not only vile on its face, but insults our intelligence to the point that he ought to be banned from public life: “It’s a medical procedure is what it is,” Hayden told CNN. “I have learned that in some instances, one way that you can get nourishment into a person is through this procedure as opposed to intravenous feeding, which of course involves needles and a whole bunch of other dangerous things.”

Hayden is a liar. Victims of “rectal feeding” had not refused to eat normally.

Torture memo author John Yoo called them “aggressive interrogation methods that did not cause any long-term or permanent injury.”

Jonah Goldberg is trying to pass himself off as a “reasonable conservative” by arguing for ambiguity: “One of the great problems with the word ‘torture’ is that it tolerates no ambiguity. It is a taboo word, like racism or incest. Once you call something torture, the conversation is supposed to end.”

Enough!

In the West, civilized countries banned torture in the 18th century. In 1798, for example, Napoleon wrote that the “barbarous custom of whipping men suspected of having important secrets to reveal must be abolished. It has always been recognized that this method of interrogation, by putting men to the torture, is useless. The wretches say whatever comes into their heads and whatever they think one wants to believe.”

“Before the 9/11 attacks, torture was almost always depicted in television and movies as something that bad guys did. That’s not true anymore. The Bush administration may be over, but Bush-era terrorist torture and assassination policies are growing more popular,” Amy Zegart wrote in a 2012 Foreign Policy piece titled “Torture Creep.”

You need only look at the trend line to see how Americans are becoming increasingly morally depraved: At the height of the war on terror in 2004, when Bush was reelected despite everything, 32% of Americans said torture was never justifiable. By 2011, two years after Obama claimed to have banned torture, only 24% said the same thing.

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Books By Ted Rall:

Publication Date: December 12, 2017
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Legendary infiltration journalist Harmon Leon is at it again, this time teaming up with ferocious political cartoonist Ted Rall answer the question most of America has been asking: "What the hell happened in 2016?" In their new book, Meet the Deplorables: Infiltrating Trump America, Leo…

Publication Date: March 13, 2018
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He thought his church career was drawing to a close. Then he was asked to take over a Catholic Church in crisis.
Religiosity was in decline in the West. And the Catholic Church was in bigger trouble than any other institution you could think of. Losing parishioners, shrinking in power and prestige and discredited by corruption and sex…

Publication Date: July 26, 2016
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Everyone in America thought they knew Donald Trump: the real estate magnate, reality TV star and bigger than life personality lived his life in the tabloids. Little did they know - though he hinted at it repeatedly - that he planned to take American politics by storm. This graphic biography explores the little-known episodes that helped form…

Publication Date: January 19, 2016
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As a kid growing up in Brooklyn, Bernie Sanders was surrounded by grinding poverty that turned families against each other as they scrimped and saved to pay their bills.
Bernie saw politics as his chance to give a decent life to everyone, not just those born to wealth or the lucky few who hit it big. But the Democratic Party and the co…

Publication Date: August 25, 2015
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As many as 1.4 million citizens with security clearance saw some or all of the same documents revealed by NSA contractor Edward Snowden. Why did he, and no one else, decide to step forward and take on the risks associated with becoming a whistleblower and then a fugitive? Rall's all-comic, full-color biography delves into Snowden's early l…

An independent account—in words and pictures—of America’s longest war from the beginning of the end to the end of the beginning.
I traveled deep into Afghanistan—without embedding myself with U.S. soldiers, without insulating myself with flak jackets or armored SUVs—where no one else would (except, of course, Afghans).
I made two trips, the first in the wake of 9/11, the next ten years later…

How did a charismatic young president elected in an atmosphere of optimism and expectation lead the United States to the brink of revolution? From a chance encounter in the early 1980s to the Democratic primaries of 2007-08, I was one of the first to size up Barack Obama as we know him now: conservative, risk-averse and tone deaf. In The Book of Obama I revisit the rapid rise and dizzying fall of…

A revolutionary manifesto for an America heading toward economic and political collapse. While others mourn the damage to the postmodern American capitalist system created by the recent global economic collapse, I see an opportunity. As millions of people lose their jobs and their homes as the economy collapses, they and millions more are opening their minds to the possibility of creating a radica…

This autobiographical graphic novel is a collaboration between me (my story, my writing) and Bluesman cartoonist Pablo G. Callejo. Travel with me to 1984, the year I lost everything. The place is New York City. In the space of a few months, I got expelled from Columbia University, fired from my job, arrested for drugs that weren't even mine, dumped by the girl I thought was The One, and evicted. I…

My fourth cartoon collection collects the work that made me America's most controversial cartoonist. Here are the classic "dirty dozen" cartoons that shocked and awed newspaper readers after 9/11: "Terror Widows" and its sequels, "FDNY 2011," the Pat Tillman series. There is also a lengthy introduction and commentary, which includes behind-the-scenes looks at the hate mail and death threats that p…

This is the book I wanted to write instead of To Afghanistan and Back — everything you ever wanted to know about Central Asia, without having had to attend grad school — but didn't have time. Five years later, I was able to release my Central Asia brain dump, a book anyone can read cold and come away understanding the importance of the region and why it's so interesting.
Comprising travelogue, po…

The final volume in the "Attitude" trilogy of alternative cartoonists is dedicated to the first wave of webcartoonists (cartoonists whose work is exclusively distributed online). Includes interviews, cartoons and personal ephemera about some of the most exciting artists to lay pen to paper — or stylus to Wacom. Here you'll find political cartoonists, humorists and dazzling graphic experiments, and…

"Generalissimo El Busho" is my chronicle, in essays and cartoons of the most polarizing presidency in modern American history, a tragicomic week-by-week dissection of the Bush Administration's follies and crimes.
I've traveled to Third World trouble spots,so I recognize a dictator when he see one. Having seized power extraconstitutionally, Bush and his cabal of corrupt businessmen made it obvi…

My first all-prose book marks the beginning of the end of my belief that the Democratic Party was redeemable. Although I have come to believe that moving beyond the duopoly is necessary, liberals and progressives who have not followed me down the radical path will find much to like here.
Declaring that there hasn't been a "real" Democrat in the White House since Lyndon Johnson, I decried the hi…

The second installment in the "Attitude" trilogy of interviews, cartoons and photos of America's top alternative cartoonists emphasizes cartoonists who deploy novel approaches to humor and the comics medium. Politics are still important, but take a back seat to social commentary in this collection.
Includes the work of well-known artists like Aaron McGruder, who draws the daily comic strip "Boo…

The result of painstaking research and analysis, "Gas War" is the definitive behind-the scenes story of the Trans-Afghanistan Pipeline (TAP) project. Conceived during the 1990s under Bill Clinton, the idea was for the United States to control the vast, newly-tapped Caspian Sea oil and gas reserves — which by some measures exceed those of Saudi Arabia — by building an oil and gas pipeline from Turk…

"The New Subversive Political Cartoonists" is the first volume in my '"Attitude" trilogy: the definitive record of the political cartooning scene that exploded in alternative weekly newspapers during the 1980s and 1990s. It features interviews of, cartoons by and photos and ephemera about 21 ground-breaking alternative political cartoonists who revolutionized the form. The Iowa City Gazette called…

The first book about the U.S. invasion of Afghanistan is also my first work of comics journalism, a mixed-media "instant book" comprising a 50-page "graphic novella," photos and essays.
When bombs began falling on the Taliban in the fall of 2001, I traveled to northern Afghanistan, where I spent three weeks covering the U.S. bombing campaign for The Village Voice and KFI, a Los Angeles radio st…

A collection of 150 of my political cartoons published between 1995 and 2000. These pieces tackle the disappointments of the Clinton years, popular music, the dot-com boom to screwed-up relationships. I added commentary below most of the cartoons to place them into historical context.
Search and Destroy includes cartoons from my transition from obscure alternative publications to big national m…

One of my personal favorites, but also my worst-selling book, this graphic novel is a homage to/parody of/updating of George Orwell's novel of totalitarian oppression 1984. I faithfully attempted to follow the structure of Orwell's classic with a new take on twisted take on dystopia. The threat to our freedom isn't some totalitarian tyrant — it's our own, lazy, easily-distracted selves, wallowing…

Ted Rall is the political cartoonist at ANewDomain.net, editor-in-chief of SkewedNews.net, a graphic novelist and author of many books of art and prose, and an occasional war correspondent. He is the author of the biography "Trump," to be published in July 2016.